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Carlos Pena v. City of Los Angeles, California

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 24-2422 · judgment November 4, 2025


Certiorari denied · October 19, 2026
Pre-decision estimate: 8% cert probability (95% interval 5%–13%)

Before the decision, about 2× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a Ninth Circuit decision below, and down for a state or local-government respondent.

Questions presented

In recent years, this Court has seen petitions where plaintiffs have asserted Takings Clause claims related to destructive law-enforcement activity. See Slaybaugh v. Rutherford County, 145 S. Ct. 1959 (2025); Baker v. City of McKinney, 145 S. Ct. 11 (2024); Lech v. Jackson, 141 S. Ct. 160 (2020). Justices Sotomayor and Gorsuch have recognized that these cases “raise[] an important question that has divided the courts of appeals,” Baker, 145 S. Ct. at 11, yet they felt it was a question that “would benefit from further percolation in the lower courts prior to this Court’s intervention.” Id. at 13. Since then, the Ninth Circuit has weighed in, and the Seventh Circuit has reaffirmed its previous approach, adding to the doctrinal disarray in the lower courts. The Questions Presented are:

  1. Whether the government is exempt from liability under the Takings Clause when law enforcement officers intentionally destroy an innocent person’s property in the course of attempting to apprehend a fugitive.

  2. Whether the doctrine of “public necessity” is an exception to the Takings Clause.

Counsel of record

For petitioner
Jeffrey Hallett Redfern
Institute for Justice

For respondent
Michael Martin Walsh
City of Los Angeles, City Attorney

Case

Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 3 conferences

Amicus briefs
5 cert-stage

Order
Order list, October 19, 2026 · Certiorari denied

Proceedings

  1. Oct 19 2026
    Petition DENIED.
  2. Oct 13 2026
    DISTRIBUTED for Conference of 10/16/2026.
  3. Oct 05 2026
    DISTRIBUTED for Conference of 10/9/2026.
  4. Jun 24 2026
    DISTRIBUTED for Conference of 9/28/2026.
  5. Jun 23 2026
    Reply of petitioner Carlos Pena filed. (Distributed)
  6. Jun 10 2026
    Brief of respondent City of Los Angeles, California in opposition filed.
  7. May 11 2026
    Brief amici curiae of Leo Lech, et al. filed.
  8. May 11 2026
    Brief amicus curiae of Chief Thomas J. Tiderington filed.
  9. May 08 2026
    Brief amici curiae of Small Property Owners of San Francisco Institute, et al. filed.
  10. May 08 2026
    Brief amicus curiae of Pacific Legal Foundation filed.
  11. May 08 2026
    Brief amici curiae of Professor James W. Ely, Jr., et al. filed.
  12. Apr 21 2026
    Motion to extend the time to file a response is granted and the time is extended to and including June 10, 2026.
  13. Apr 20 2026
    Motion to extend the time to file a response from May 11, 2026 to June 10, 2026, submitted to The Clerk.
  14. Apr 06 2026
    Petition for a writ of certiorari filed. (Response due May 11, 2026)